Virginia Court Cases Filed Expose the Virginia State Bar's Illegal Discipline System for 40 years
Virginia Supreme Court Justice Donald W. Lemons
In the past few months, several Ethics Complaints have been filed in the Virginia Courts against Judges and attorneys which has exposed the Virginia State Bar had no authority to discipline attorneys.
Since 1976, the VSB had no authority to prosecute or discipline attorneys as stated in Virginia Codes passed by the Virginia General Assembly. The VSB only has authority to investigate and report.
An important fact is that there are no "statute of limitations" for Ethics Complaints against attorneys.
The Virginia General Assembly established the State Agencies, Judicial Inquiry and Review Commission (JIRC) and Virginia State Bar to only investigate and report violations of Virginia Judicial Canons and Virginia Code of Professional Conduct committed by Virginia judges and lawyers to the appropriate Virginia courts.
As each Ethics Complaints are being heard, Judges are issuing orders which support Va. Code § 54.1-3915. simply stating that only the Virginia Courts have authority to discipline attorneys in Ethics Complaints.
The Virginia Attorney General's Office who is appointed to defend judicial officers in Ethics Complaints have not challenged Va. Code § 54.1-3915 and based their defense pleadings on Judicial Immunity.
Supreme Court of Virginia Rule 13-2 - Authority of the Courts
Nothing in this Paragraph shall be interpreted so as to eliminate, restrict or impair the jurisdiction of the courts of this Commonwealth to deal with the disciplining of Attorneys as provided by law. Every Judge shall have authority to take such action as may be necessary or appropriate to protect the interests of clients of any Attorney whose License is subject to a Suspension or Revocation. Every Circuit Court shall have power to enforce any order, summons or subpoena issued by the Board, a District Committee or Bar Counsel and to adjudge disobedience thereof as contempt.
JUDGES ETHICS COMPLAINTS
Virginia Code § 54.1-3915 reserves the authority to the courts to discipline to Virginia attorneys practicing law in Virginia, and all Virginia judges who must be licensed to practice law in Virginia.
Judges do not have judicial immunity, absolute immunity, sovereign immunity, or qualified immunity, or any immunities, for intentionally and maliciously engaging in alleged unethical conduct violating the Virginia Supreme Court Rules of Professional Conduct and Virginia Canons of Judicial Conduct.
Judges do not have judicial immunity, absolute immunity, sovereign immunity, or qualified immunity, or any other immunity for violating rights guaranteed by the United States Constitution.
Judges do not have judicial immunity, absolute immunity, sovereign immunity, or qualified immunity, or any other immunity for acting outside their jurisdiction.
§ 54.1-3915 Restrictions as to rules and regulations:
Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys...
Virginia Circuit Courts have sole jurisdiction for civil Ethics Complaints alleging unethical conduct of attorneys under VA Code § 54.1-3915.
Va. Code § 54.1-3915 is the applicable Virginia statute in this case and sets out that the Supreme Court of Virginia shall not “promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys...”.
Va Code § 54.1-3915 provides no restrictions on who may file an ethics complaint against attorneys practicing law in Virginia. See Drewry, 161 Va. at 842, 172 S.E. at 286(Va 1934).
Based on VA Code § 54.1-3915 and all other applicable statutes, the Virginia State Bar does not have statutory authority to prosecute or discipline attorneys.
The Virginia State Bar Disciplinary Board and District Committees members are not judicial officials appointed by the Virginia General Assembly to serve as judges, hearing officers, or any other type of judicial official.
Those interested can review VA Codes § 54.1-3915 and all Sections from § 54.1-3900 through § 54.1-3915, to verify this information.
In 1976, the VA Supreme Court and the VSB started the completely confidential VSB Disciplinary Board and Disciplinary System through only Virginia Supreme Court Rules and Regulations to take the cases in-house to hide the favors they were giving to the powerful lawyers practicing in Virginia.
Ethics Cases Currently Filed in Virginia Courts
- U.S. District Court Eastern District of Virginia, Richmond Division Case 3:21-cv-00638
- Henrico County Circuit Court CL21005758, CL21005759, CL21006572
- Louisa County Circuit Court CL21000136, CL21000137, CL21000138, CL21000209, CL21000221, CL21000222
- Orange County Circuit Court, CL21000427, CL21000704, CL21000851
